What happens if someone dies without a will?

The legal term for not having a will is being "intestate." If someone dies intestate, Texas law says who will inherit their property.

Chapter 201 of the Texas Estates Code is about "intestate succession." This term means how property should be distributed when someone dies without a will. The law lists factors that should be considered, including whether:

• They left behind a spouse
• The property they owned was "community" or "separate" property
• They left behind other living relatives, such as children, parents, or siblings

The law states what proportion of an estate goes to each family member depending on these factors.

The law can be complex, so you may wish to talk to an attorney if you need help determining who inherits an intestate person’s property. For more information on how to speak with an attorney, please see the library's Legal Help page.

Related FAQs & Guides

FAQs

• How do I create a simple will?

Guides

• Probate
• Wills & Directives
• Community Property